Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0068 - Hazardous Waste Management and Disposal Classification of Violations
Universal Citation: OR Admin Rules 340-012-0068
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Class I:
(a) Failing to make or document a complete
and accurate hazardous waste determination of a residue as required;
(b) Failing to meet Land Disposal Restriction
(LDR) requirements when disposing of hazardous waste;
(c) Operating a hazardous waste treatment,
storage or disposal facility (TSD) without first obtaining a permit or without
having interim status;
(d)
Treating, storing or accumulating hazardous waste in a hazardous waste
management unit, as defined in
40 C.F.R.
260.10, that does not meet the unit design or
unit integrity assessment criteria for the hazardous waste management
unit;
(e) Accepting, transporting
or offering for transport hazardous waste without a uniform hazardous waste
manifest;
(f) Transporting, or
offering for transport, hazardous waste or hazardous waste pharmaceuticals to a
facility not authorized or permitted to manage hazardous waste or hazardous
waste pharmaceuticals;
(g) Failing
to comply with management requirements for ignitable, reactive, or incompatible
hazardous waste;
(h) Illegally
treating or disposing of a hazardous waste;
(i) Failing to submit Land Disposal
Restriction notifications;
(j)
Failing to have and maintain a closure plan or post closure plan for a TSD
facility, reverse distributor accumulating potentially creditable hazardous
waste pharmaceuticals or evaluated hazardous waste pharmaceuticals or for each
regulated hazardous waste management unit, as defined in
40 C.F.R.
260.10, by the owner or operator of facility
or unit;
(k) Failing to carry out
closure or post closure plan requirements, by an owner or operator of a TSD
facility, such that the certification for completing closure or post closure
work is not submitted, or is incomplete, inaccurate, or non-compliant with the
approved plans;
(l) Failing to
establish or maintain financial assurance or hazard liability requirements in
40 C.F.R.
264.147 or
40 C.F.R. 265.147, by an owner or
operator of a TSD facility;
(m)
Failing to follow emergency procedures in a Contingency Plan or other emergency
response requirements during an incident in which a hazardous waste or
hazardous waste constituent is released to the environment or the incident
presents a risk of harm to employees, emergency responders or the
public;
(n) Failing to comply with
the export requirements in 40 C.F.R. 262.52 for hazardous
wastes, 40 C.F.R.
266.508(b) for
non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals, or 40
C.F.R. 266.509(d) for
potentially creditable hazardous waste pharmaceuticals;
(o) Failing to properly install a groundwater
monitoring system in compliance with permit requirements, by an owner or
operator of a TSD facility;
(p)
Failing to properly control volatile organic hazardous waste emissions, by a
large-quantity hazardous waste generator or TSD facility, when such failure
could result in harm to employees, the public or the environment;
(q) Failing to inspect, operate, monitor,
keep records or maintain in compliance with a permit: hazardous waste landfill
units, incineration equipment, Subpart X treatment equipment, hazardous waste
treatment units, pollution abatement equipment for hazardous waste treatment or
disposal, or hazardous waste monitoring equipment;
(r) Failing to immediately clean up spills or
releases or threatened spills or releases of hazardous waste, or hazardous
waste pharmaceuticals, by any person having ownership or control over hazardous
waste;
(s) Failing to submit an
exception report for generators shipping hazardous waste, for healthcare
facilities shipping non-creditable hazardous waste pharmaceuticals, or for
reverse distributors shipping evaluated hazardous waste
pharmaceuticals;
(t) Reuse in
vehicles of defective airbag modules or defective airbag inflators subject to a
recall;
(u) Failing to accurately
determine generator status;
(v)
Failing to notify or withdraw for healthcare facilities or reverse
distributors;
(w) Failing to comply
with the prohibition against sewering hazardous waste
pharmaceuticals;
(x) Transporting,
or offering for transport, hazardous waste other than potentially creditable
hazardous waste to a facility other than a reverse distributor;
(y) Failing to submit an unauthorized waste
report;
(z) Accepting hazardous
waste pharmaceuticals at a facility not authorized or permitted to manage the
specific type of hazardous waste pharmaceuticals received; or
(aa) Failing to provide confirmation to the
healthcare facility or reverse distributor that shipment of potentially
creditable hazardous waste pharmaceuticals has arrived at its destination and
is under the control of the reverse distributor.
(2) Class II:
(a) Failing to place an accumulation start
date on a container used for accumulation or storage of hazardous waste or
hazardous waste pharmaceuticals;
(b) Failing to label tanks or containers used
for accumulation or storage of hazardous waste with "hazardous waste," hazards
of the contents, waste codes, or "hazardous waste pharmaceutical";
(c) Failing to post required emergency
response information next to the telephone, by a small quantity
generator;
(d) Accumulating
hazardous waste, non-creditable hazardous waste pharmaceuticals, potentially
creditable hazardous waste pharmaceuticals, or evaluated hazardous waste
pharmaceuticals more than thirty (30) days beyond the specified accumulation
time frame;
(e) Failing to submit a
manifest discrepancy report;
(f)
Shipping hazardous waste on manifests that do not comply with DEQ
rules;
(g) Failing to prevent the
unknown or unauthorized entry of a person or livestock into the waste
management area of a TSD facility or into a portion of a reverse distributor's
facility where potentially creditable hazardous waste pharmaceuticals and
evaluated hazardous waste pharmaceuticals are kept;
(h) Failing to conduct required inspections
at hazardous waste generator or reverse distributor accumulation sites or at
hazardous waste permitted storage areas;
(i) Failing to prepare a contingency
plan;
(j) Failing to comply with
the requirements of a groundwater monitoring program, unless otherwise
classified;
(k) Failing to maintain
adequate aisle space to allow the unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination;
(l) Generating, treating, storing or
disposing of hazardous waste, non-creditable hazardous waste pharmaceuticals,
or evaluated hazardous waste pharmaceuticals, without complying with the
Personnel Training requirements;
(m) Failing to keep containers of hazardous
waste, non-creditable hazardous waste pharmaceuticals, or evaluated hazardous
waste pharmaceuticals closed, except when adding or removing wastes;
(n) Failing to comply with the requirements
for management of containers, including satellite accumulation, other than the
requirements for ignitable, reactive or incompatible waste, by a hazardous
waste generator, storage facility, health care facility, or reverse
distributor;
(o) Failing to comply
with the preparedness, prevention, contingency plan or emergency procedure
requirements, unless otherwise classified;
(p) Failing to manage universal waste and
waste pesticide residue in compliance with the universal waste management
requirements or waste pesticide requirements;
(q) Failing to obtain a hazardous waste EPA
identification number when required;
(r) Failing to comply with
40 C.F.R.
264 or
265 Subparts J, W or DD standards,
other than unit design or unit integrity assessment;
(s) Failing to comply with
40 C.F.R.
264 or
265 Subparts AA, BB or CC
standards for hazardous waste generator and TSD facilities, unless otherwise
classified;
(t) Failing to timely
submit an annual report by a hazardous waste generator, TSD facility, reverse
distributor, or hazardous waste recycling facility;
(u) Failing to comply with recalled airbag
recordkeeping, management, or disposal requirements, unless otherwise
classified;
(v) Failing to timely
notify DEQ of LQG closure;
(w)
Failing to comply with episodic generation conditions, not otherwise
classified; or
(x) Failing to
notify, keep records, or other requirements for consolidation of VSQG waste at
LQG owned by the same person, by the LQG.
(3) Class III:
(a) Accumulating hazardous waste,
non-creditable hazardous waste pharmaceuticals, potentially creditable
hazardous waste pharmaceuticals, or evaluated hazardous waste pharmaceuticals,
up to thirty (30) days beyond the specified accumulation time frame;
(b) Failing to maintain on site, a copy of
the one-time notification regarding hazardous waste that meets treatment
standards by a hazardous waste generator; or
(c) Failing to submit a contingency plan to
all police, fire, hospital and local emergency responders.
Publications referenced are available from the agency.
Statutory/Other Authority: ORS 459.995, 466.070 - 466.080, 466.625 & 468.020
Statutes/Other Implemented: ORS 466.635 - 466.680, 466.990 - 466.994 & 468.090 - 468.140
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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